Who Or What Is Described As An Elder Orphan Under Elder Law?
An elder orphan is someone over the age of 55 without close, immediate, and useful children who can assist as they proceed through the ageing or disability period of their life. An elder orphan may be a widow who never had children. It could be the surviving spouse in a same sex couple. The elder orphan could be someone with a child who lives across the country and doesn’t visit at all.
Is The Number Of Elder Orphans Starting To Grow In The United States?
The traditional family dynamic of children honoring their parents and caring for them describes a lot of people but as cultural changes occur, there are more and more elder orphans in our society. The family structure in the United States has changed. A lot of families are not living within a one-mile radius of each other, so that they can look after each other. It is more common now that there is no one to look out for the ageing person or the person with the permanent disability.
We are no longer in the generation where people had six or more children in a lifetime. If you have six children, you have six very viable candidates to take care of you as you grow older. Since the Medicaid program to pay for nursing home care was introduced and an increased number of women entered the workforce, those types of dynamics have changed and people are having fewer kids. That means fewer candidates to take care of you.
What Are Some Dangers That People Face When They Are Elder Orphans?
An elder orphan doesn’t have an expectation of having a family member take care of them. They are having to look outside of their family. A parent spends an inordinate amount of time raising a child and the typical feeling is that when the parent ages, the child will reciprocate and take care of the parent as they age. If you do not have a child, you don’t have that built in structure and dynamic. You may be left with nieces or nephews, for example, to choose from.
The danger is that when you start looking outside of your children, you have problems with feelings of unfairness between relatives. You may have reasons why you want to treat them differently. If you are married and your partner is sick, then you both have the issue of being orphaned. You could even be vulnerable to neglect because the person you selected may not be diligent, as they have other things going on. There is no moral obligation as tight as a child and a parent.
There is also the issue of financial trust. There is normally a presumption that your children will inherit from you when you pass away. They have an interest in preserving your estate. When you take that power and authority and give it to a person who is not as close to you, then you can be extremely vulnerable to financial exploitation.
For more information on Elder Orphans Under Elder Law In Florida, an initial consultation is your best step. Get the information and legal answers you are seeking by calling (904) 398-6100 today.
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